Headlines that Matter for Companies and Executives in Regulated Industries

California has enacted legislation broadly protecting employees from discrimination for the use of marijuana, which has been legal in the state since 2016. Governor Newsom signed Assembly Bill 1288 into law. It generally prohibits employers from discriminating “against a person in hiring.

The Internal Revenue Service (IRS) recently published a new Technical Guide for tax-exempt 501(c)(6) trade associations, business leagues, chambers of commerce, real estate boards, and other organizations exempt from federal taxation under IRC 501(c)(6). The new guide is part of an ongoing effort.

On September 28, 2022, the Food and Drug Association announced a proposed rule to redefine the implied nutrient content claim term “healthy” to more closely reflect current nutrition science and Federal dietary guidelines.

The first Monday of October means the Supreme Court begins to hear cases for the new term. As we promised at the end of last term, below we summarize cases the Court could address, including issues involving the federal Clean Water Act; standing and the appropriateness of executive action.

Hydroponic production has become increasingly popular in American agriculture. Historically, fruits and vegetables had been grown exclusively on traditional soil-based farms. Hydroponics, by contrast, are typically grown in greenhouses and urban farms using innovative new technologies.

Circuit board

The Biden Administration, after ordering a series of reports on the risks and potential benefits of cryptocurrency and digital assets in its March 9, 2022, Executive Order (EO), has now published the “Comprehensive Framework for Responsible Development of Digital Assets,” (Framework).

It’s been one year since Illinois passed a sweeping energy bill – the Energy Transition Act, PA 102-0662 – commonly referred to as the Climate and Equitable Jobs Act (CEJA). The law targets 50% renewable electricity procurement by 2040 and 100% carbon-free electricity by 2050.

Headlines that Matter for Companies and Executives in Regulated Industries

The courts have, for now, stepped in and put a halt to the most egregious of prosecutions under the China Initiative. By the time the courts acted, great damage has already been done—careers are lost, finances drained, and lives forever scarred.

On September 13, 2022, a federal court in San Francisco decided an NGO-led challenge to the US Department of Agriculture’s (USDA) final rule establishing a national standard for the disclosure of bioengineered foods.

In Advisory Opinion 22-17, the US Department of Health and Human Services (HHS) Office of Inspector General (OIG) concluded that a proposed restructuring of a loan and other contractual relationships between a health system and a federally qualified health center (FQHC) “look-alike” clinic.

Between consumer demand for more transparency and anticipated 2023 privacy laws, companies may be vulnerable to class action lawsuits.

On June 21, 2022, President Biden signed the Bankruptcy Threshold Adjustment and Technical Corrections Act into law. 

Free-range hens, sustainably sourced, and 100% Parmesan Cheese: At first glance, these phrases are indistinguishable from the countless marketing consumers encounter on a daily basis. However, in courts across the country, these phrases could constitute false advertising.

The California Board of Registered Nursing released proposed regulations setting forth requirements for the new categories of nurse practitioners created in 2020 by Assembly Bill 890, pushing nurse practitioners closer to an independent scope of practice.

Ford CEO Jim Farley has said he doesn’t see a reduction in car dealerships but possibly expansion.

Well, the Bureau of Industry and Security (BIS) waited until the summer was over, but timing may be the best part of the new export controls on Russia and Belarus (the “Rule”). Understanding the new Rule and how the old regulations have been amended is a bear.

Headlines that Matter for Companies and Executives in Regulated Industries

In response to multiple requests from California hospital industry members, the California Court of Appeal ordered publication of its decision in Bonni v. St. Joseph Health System et al. This important decision is a victory for peer reviewers because it establishes significant protections.

The Secure and Trusted Communications Networks Act requires the Commission to publish and maintain a list of communications equipment and services that pose an unacceptable risk to national security or the security and safety of US persons The FCC added equipment and services from three entities.

Earlier this month, the US District Court for District of Maryland denied a partial motion for summary judgment in a case filed by Infotek Corporation against Mr. Dwight Preston, a former employee.  See Infotek Corp v. Preston, No. CCB-18-1386, 2022 WL 4121414 (D. Md. Sep. 9, 2022).  

The latest projection from BloombergNEF puts the U.S. on track to hit a key target set by Biden last year, for half of all cars sold in the U.S. to be battery-electric, plug-in hybrid or fuel cell-powered by the end of the decade.

In today’s podcast episode, Aaron Jacoby welcomes back Kim Linebarger and Lewis Fisher from Moss Adams to talk about how auto dealers can prevent and detect fraud in their businesses.

General Motors and the Environmental Defense Fund say they want to speed up the transition toward an electric vehicle future.